The Advantages of Wills over Revocable Living Trusts in Texas Estate Planning

When considering an estate plan, Texas residents often face the choice between creating a will or a revocable living trust to manage their assets. While both have merits, several compelling reasons exist why a will might be better for Texans looking to plan their estate effectively.

Simplicity and Cost-Effectiveness

Ease of creation: Drafting a will in Texas is typically simpler than setting up a revocable living trust. The process is straightforward, and for many, it provides a clear and concise way to state their final wishes without the complexities and formalities that trusts entail.
Cost considerations: Creating a will is generally less expensive than establishing a trust. This cost difference can be significant, especially for individuals with relatively uncomplicated estates who wish to avoid the higher initial setup costs and ongoing management fees associated with trusts.

Legal and Procedural Benefits

Probate advantages: Texas has a relatively simplified probate process compared to many other states. The probate court system in Texas is often efficient, making the administration of a will less daunting. This efficiency can negate one of the primary advantages of a trust, which is avoiding probate.
Guardianship for minor children: A will is a legal document where parents in Texas can name their children’s guardians. This is an essential consideration for families, as trusts do not allow for the appointment of guardians.
Recognized in all states: Wills are universally recognized in all states, which is particularly beneficial if you own property in multiple states. Although trusts are also generally recognized, the specific rules and treatments can vary, potentially complicating interstate estate management.

Transparency and Court Supervision

Oversight and protection: The probate process in Texas provides a level of court supervision that can be beneficial. This oversight ensures that the will is properly executed according to Texas law, offering a layer of protection against potential misuse or mismanagement of the estate.
Clarity and certainty: Wills, once probated, become public records, offering transparency in how assets are distributed. This clarity can reassure beneficiaries, ensuring the decedent's wishes are carried out openly and fairly.

Practical Considerations

Real estate in Texas: A will can sometimes be more straightforward for real estate holdings in Texas. Transferring real estate through a trust can require additional steps and documentation, potentially complicating the process.
Updating estate plans: Wills can be easier to amend or revoke entirely. This flexibility is beneficial as life circumstances change, such as new marriages, divorces, births, and deaths.
Asset management during life: Unlike trusts, wills do not require the management of assets during the creator’s lifetime. This can be a significant advantage for those who prefer to maintain direct control over their assets without the formalities of trust management.

While revocable living trusts offer certain benefits, for many residents of Texas, a will is a more practical and cost-effective tool for estate planning. Its simplicity, the efficiency of the Texas probate system, and the legal protections it offers make it an attractive option for individuals and families looking to secure their legacy and provide for their loved ones.

As with any legal decision, it’s essential to consult with an estate planning attorney to determine the best approach for your specific situation. At Keith Morris & Stacy Kelly, Attorneys at Law, our legal team has served Texans in Houston, Fort Worth, Dallas, Austin, and surrounding areas since 2001.

Discuss your estate planning needs with one of our skilled Houston/Fort Worth lawyers today by contacting us online or at (713) 636-5339.